No industry-friendly Irma reviews | Editorial

Sun Sentinel Editorial Board

The Florida Legislature could help the state better prepare for hurricanes. The Public Service Commission could critically review how utilities performed during and after Hurricane Irma. But that will happen only if the Legislature and the commission acknowledge and learn from their own failures.

House Speaker Richard Corcoran, R-Land O’Lakes, has formed the Select Committee on Hurricane Response and Preparedness. It includes three Broward County Democrats: Kristin Jacobs, Jared Moskowitz and Richard Stark, an insurance agent. The Public Service Commission, which regulates utilities, will examine power failures and how long it took to get the lights back on.

We see early problems with the House committee.

A spokesman for Corcoran said witnesses would not be asked to testify under oath. The committee is supposed to be more fact-finding than investigatory, and witnesses in Tallahassee rarely are sworn in. However, blame shifting already has begun. The state needs truth, not evasion.

In 2003, the Legislature was debating medical malpractice reform. Amid all the claims and counterclaims about a cap on non-economic damages, the Senate Judiciary Committee took testimony under oath.

Suddenly, we learned that the largest malpractice insurer would be fine even without the cap. Malpractice rates weren’t driving doctors out of Florida. And there was no epidemic of frivolous lawsuits. The committee chairman said, “I feel as though all of the facts have not been forthcoming until the witnesses were placed under oath."

Another problem is the schedule. The spokesman said Corcoran wants recommendations from the committee in time for the legislative session, which begins on Jan. 9. But the committee won’t meet until the second week of October.

Such an ambitious timetable might be possible if the committee had adequate resources. But the spokesman said the committee would have a staff director only, not new, dedicated staff members.

Credible recommendations depend on tools such as data collection. The committee could compare Irma with the storms of 2004 and 2005. Did some problems repeat themselves? Could tougher building codes help? Should the state allow rebuilding in especially vulnerable areas? What about better tree trimming? What else?

If the House committee rushes out a report, it could be more political than productive.

We fear this committee could end up like Gov. Rick Scott’s hospital commission, which he announced with great fanfare in 2015. The commission held meetings around the state, but ultimately faded away after having no impact on costs. That’s because Scott largely formed the commission to shift attention from the hospital financial crisis he created in fighting the Obama administration.

Now, Floridians are demanding answers on why so many people lost power after Irma and why 11 people in the care of a Hollywood nursing home died needlessly. If the House committee rushes out a report, it could be more political than productive.

Finally, the Legislature’s recent record on regulation and oversight is terrible. A 2006 bill to require generators at nursing homes died after industry resistance, an assertion the industry now disputes. But if nursing homes didn’t resist reform, why don’t all nursing homes have back-up generators that can power air conditioners?

Fortunately, there’s a backup option. Once investigators determine whether to file criminal charges in the Hollywood deaths, Broward County State Attorney Mike Satz could empanel a grand jury to craft recommendations that could apply statewide. If the Legislature fails to address the systemic failures that led to those 11 deaths — including its own role — Satz should do so.

Similarly, the Public Service Commission approaches its review of Florida Power & Light and the other utilities with a record of industry favoritism. Since late 2012, the commission has ruled favorably on every FPL request that separates money from ratepayers.

Two questions matter most for the commission: Why, absent trees that took down lines, did customers in South Florida begin losing power even before Irma’s winds hit hardest? And why was FPL’s communication regarding power restoration so bad after so much hype?

FPL executives say the company has invested $3 billion since 2006. But shouldn’t the company be able to assure customers that the grid can withstand tropical storm force winds with the occasional low hurricane gust?

After the 2004 and 2005 storm seasons, FPL asked the PSC to bill customers for the entire $1.6 billion repair and hardening cost. A commission that believed in balancing the needs of industry and customers gave the company $1.1 billion.

Today’s commission granted FPL’s request for $318.5 million in costs related to last year’s Hurricane Matthew, even though it has yet to hold a final hearing. The Office of Public Counsel thus hasn’t been able to decide whether all the costs are justified.

FPL likely will file its first Irma cost-recovery request in the next 90 days. How much it can bill customers could depend on the commission’s review of the company’s post-Irma performance.

Utilities have controlled the choice of commissioners since FPL lost a big rate case in January 2010. Former Florida Comptroller Robert Milligan, the most qualified and unbiased applicant for three recent openings, didn’t even get an interview. FPL is one of Gov. Rick Scott’s biggest political patrons.

So forgive us for being skeptical about the prospect of consumer-friendly results from the Legislature and the Public Service Commission. Still, we hope to be pleasantly surprised.

Editorials are the opinion of the Sun Sentinel Editorial Board and written by one of its members or a designee. The Editorial Board consists of Editorial Page Editor Rosemary O’Hara, Elana Simms, Andy Reid, Deborah Ramirez and Editor-in-Chief Howard Saltz.